1. US Government & Politics
The US Constitution
US Government & Politics

2. The US Constitution Written in 1787 Took effect in 1789
Has 7,000 words
The nation’s highest form of law in the land
Outlines the basic principles upon which the government was built and operates
Deals largely with matters of basic principle

3. Organization Preamble: Introduction & Purpose
Articles: outlines the basic organization and powers of each branch and the powers given to the states
Legislative Branch
Executive Branch
Judicial Branch
Relations among the States
Amending the Constitution
National Debts, Supremacy of National Law, and Oaths of Office
Ratifying the Constitution

4. The Six Basic Principles
Popular Sovereignty
Limited Government
Separation of Powers
Checks and Balances
Judicial Review
Federalism

5. Popular Sovereignty All political power resides in the people
The people are sovereign
The people are the only source for any and all governmental power
Government can only govern with the consent of the governed
Woven throughout the Constitution

6. Limited Government No government is all powerful
A government may do only those things that the people have given it the power to do
Government must obey the law
Constitutionalism- the government must be conducted according to constitutional principles
Rule of Law- The government and its officers are always subject to-never above-the law

7. Separation of Powers Presidential Democracy (aka Presidential System)
The basic powers are separated among three distinct and independent branches of government
Congress (House + Senate) = Legislative Branch
President = Executive Branch
Courts = Judicial Branch

8. Checks and Balances Three branches are not entirely separate
Tied together by a complex system of checks and balances
Each branch is subject to a number of restraints (checks) by other branches
Each branch has certain powers with which it can check the operations of the other two

9. Judicial Review One aspect of the check and balance system
The power to declare unconstitutional (to declare illegal), null and void, of no forces and effect, a government action found to violate some provision of the Constitution
Held by all federal courts and most state courts
Not written in the constitution (implied; secured by Marbury v. Madison (1803))

10. Marbury v. Madison (1803)
William Marbury asked the Supreme Court to issue a writ of mandamus to order James Madison (then, Secretary of State under Jefferson) to deliver his commission as justice of the peace (appointed by John Adams) .
The Supreme Court of the United States declared that:
Marbury is entitled to the commission, but:  
The Court cannot issue the writ because the Judiciary Act of 1789, which granted the Supreme Court original jurisdiction to issue writs of mandamus, is unconstitutional.  
The Supreme Court of the United States has the power to review acts of other branches and determine their constitutionality. This power is called judicial review.

11. The Amendment Process
The process of constitutional change has come about in two ways:
Formal Amendment –changes or additions that become part of the written language of the Constitution itself
By other informal means

12. Formal Amendment Process
Article 5: The Congress, whenever 2/3 of both houses shall deem it necessary, shall propose amendments to this Constitution Or 2/3 of the state legislatures can call a “convention”
Either case needs ¾ of the states legislature to pass for it to be ratified

13. Proposed Amendments
Since 1789, 10,000 joint resolutions calling for formal Amendments have been proposed. Only 33 have gone to the states and 27 have become Amendments. (ERA died in 1982)
If a state rejects a proposed amendment, it is not forever bound by that decision. It may later ratify. Once a state approves an Amendment, it may not change its decision.

14. The 27 Amendments
1-10, the Bill of Rights-Set out the constitutional guarantees of freedom of belief and expression, of freedom and security of the person, and of free fair and equal treatment before the law.
The later Amendments-Most came about over a particular set of interesting circumstances
27th Amendment (took 202 years, 7 months, 12 days to ratify); initiated by Framers, signed into law in 1992

15. Constitutional Change by Other Means: Informal
There is a great deal in the Constitution that cannot be seen by the naked eye
Over time, many changes have been made in the constitution which have not involved any changes in its written words
Change occurs in five basic ways:

16. Change (Informal Amendment Process)
Basic Legislation: Congress passes laws to clarify the constitution
Executive Action: Executive Orders & Executive Agreements
Key Decisions of the Supreme Court
The activities of political parties: nomination process not mentioned

17. 1st AP Gov FRQ